Website Design Agreement

Definitions

For the purpose of this agreement, the following definitions shall apply:

• The parties to this agreement are Cumulus Computer Services, hereafter referred to as Cumulus, an independent contractor; and yourself, hereafter referred to as the Client having the authority to agree to these terms and conditions.
• The host is defined as the web server on which the Client's web space is located.
• The project is defined as the website under development by Cumulus for the client.
• Specifications are defined as the detailed statement of requirements.
• Minor maintenance is defined as an individual change requiring no more than 10 minutes to correct and transfer to the host.

Your Obligations

You will provide Cumulus with the project's specifications prior to a quotation being submitted. Changes to the specifications will be subject to a revised estimate of the cost of the project.

You will provide Cumulus with write access to the Client's designated web space on the host.

You will provide Cumulus with timely feedback on modules of the project as they are developed.

You authorise a hyperlink to Cumulus on the pages of the project, and to include the project in the Cumulus website design portfolio.

You authorise elements from the project to be used in another project where the copyright of the element is owned by Cumulus.

You will take the lead role in any link-building campaign aimed at improving search engine ranking.

Our Obligations

We will abide by the Standards of Practice and Code of Ethics promoted by the International Webmasters Association.

We will use ethical and organic Search Engine Optimisation (SEO) techniques to make your website search engine friendly.

We will, to the extent possible within the project specifications, use accessible and valid XHTML/HTML coding; test the project throughout its development; and check compatibility with common web browsers.

We may sub-contract specific elements of the project to a third party.

We will transfer completed modules of the project to a temporary online location for viewing by the Client.

We will, on the satisfactory completion of the project and on the payment of any outstanding fees, transfer the completed project in the Client's web space; license the Client to use the completed project for the purpose it was intended; and submit the web address to major search engines for indexing or listing.

Payment

An initial deposit equal to 50% of the expected project cost, of which 50% of the deposit is non-refundable in the event of the project being cancelled by the Client.

The balance of the project's cost is due and payable on the satisfactory completion of the project and prior to the completed project being transferred to the host.

Refunds

In the event that changes to the project's specifications elevate the project beyond our level of expertise, such that the project cannot be completed by us, the deposit, less an amount equal to the time already expended, will be refunded.

Copyright

The copyright on all original materials supplied, designed, developed or assembled by Cumulus for the project is owned by Cumulus unless assigned to the Client by an exchange of correspondence.

The copyright on all original materials supplied by a sub-contractor is owned by the sub-contractor unless assigned to the Client by an exchange of correspondence.

The Client will provide an unconditional guarantee that all elements supplied by the Client for inclusion in the project are owned by the Client, or provide evidence that permission has been obtained from the rightful owner(s) to use the elements.

Errors & Liabilities

We will use all due care and diligence to ensure your website is free from errors, and will correct any errors made by us at the earliest opportunity.

We will not accept responsibility for loss or damages arising from errors on your website once it has received final approval from the client.

Exclusions

This agreement excludes link campaigning. Management of a link building campaign, aimed at improving link popularity to help gain a higher search engine ranking, is the responsibility of the client.

Variations

Any variations to these terms and conditions must be by mutual and written agreement between the parties.

Maintenance

Minor maintenance is provided free of charge for 12 months commencing when the project is first transferred to the host. Maintenance will, in most cases, be attended to within 48 hours of acknowledging the request for changes.

Except where a separate Maintenance Agreement exists, maintenance will be charged at the current website design rate.

Maintenance provided by a third party shall be consistent with the design and style of the website designed by Cumulus.

Disclaimer

The results of organic search engine optimisation will not be seen immediately, nor can they be guaranteed unreservedly to produce a high search engine ranking. The prospects of achieving a high search engine ranking are greatly enhanced by combining organic search engine optimisation with a link building campaign.

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